AGGARWAL STORE Vs. LT GOVERNOR

JUDGEMENT

(1.) THIS writ petition assails the orders dated 16th May, 2005 and 6th december, 2005 passed by the Commissioner, Food and Supplies, Consumer Affairs department of the Government of NCT of Delhi cancelling the Fair Price Shop licence of the petitioner and dismissing the appeal of the petitioner.

(2.) THE facts giving rise to the present petition are a narrow compass and to the extent necessary, are noticed hereinafter.

(3.) IT has been submitted that a FPS licence no. 5329 to run a Fair Price shop (FPS) was awarded to Late Shri Sunder Lal, the petitioner's husband. On his demise, the petitioner was awarded authorization to operate the same shop on the 1st of January, 1985 by the respondents for sale and storage of specified food articles in terms of the Delhi Specified Food Articles (Regulations and distribution) Order, 1981. Sugar was taken out of the list of specified food articles which were to be sold by sale of FPS. Other Special Food Articles namely, wheat and rice became non-remunerative. Running of the Fair price Shop was not economical inasmuch as the prices of such commodities became lower in the open market than the rate at which they were available in the fair price shops. In this background, there were difficulties in continuation of the FPS.